SB1228 Engrossed LRB095 11051 RLC 31373 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 16-1 and 16G-15 as follows:
 
6     (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
7     Sec. 16-1. Theft.
8     (a) A person commits theft when he knowingly:
9         (1) Obtains or exerts unauthorized control over
10     property of the owner; or
11         (2) Obtains by deception control over property of the
12     owner; or
13         (3) Obtains by threat control over property of the
14     owner; or
15         (4) Obtains control over stolen property knowing the
16     property to have been stolen or under such circumstances as
17     would reasonably induce him to believe that the property
18     was stolen; or
19         (5) Obtains or exerts control over property in the
20     custody of any law enforcement agency which is explicitly
21     represented to him by any law enforcement officer or any
22     individual acting in behalf of a law enforcement agency as
23     being stolen, and

 

 

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1             (A) Intends to deprive the owner permanently of the
2         use or benefit of the property; or
3             (B) Knowingly uses, conceals or abandons the
4         property in such manner as to deprive the owner
5         permanently of such use or benefit; or
6             (C) Uses, conceals, or abandons the property
7         knowing such use, concealment or abandonment probably
8         will deprive the owner permanently of such use or
9         benefit.
10     (b) Sentence.
11         (1) Theft of property not from the person and not
12     exceeding $300 in value is a Class A misdemeanor.
13         (1.1) Theft of property not from the person and not
14     exceeding $300 in value is a Class 4 felony if the theft
15     was committed in a school or place of worship or if the
16     theft was of governmental property or property owned by a
17     place of worship.
18         (2) A person who has been convicted of theft of
19     property not from the person and not exceeding $300 in
20     value who has been previously convicted of any type of
21     theft, robbery, armed robbery, burglary, residential
22     burglary, possession of burglary tools, home invasion,
23     forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
24     4-103.3 of the Illinois Vehicle Code relating to the
25     possession of a stolen or converted motor vehicle, or a
26     violation of Section 8 of the Illinois Credit Card and

 

 

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1     Debit Card Act is guilty of a Class 4 felony. When a person
2     has any such prior conviction, the information or
3     indictment charging that person shall state such prior
4     conviction so as to give notice of the State's intention to
5     treat the charge as a felony. The fact of such prior
6     conviction is not an element of the offense and may not be
7     disclosed to the jury during trial unless otherwise
8     permitted by issues properly raised during such trial.
9         (3) (Blank).
10         (4) Theft of property from the person not exceeding
11     $300 in value, or theft of property exceeding $300 and not
12     exceeding $10,000 in value, is a Class 3 felony.
13         (4.1) Theft of property from the person not exceeding
14     $300 in value, or theft of property exceeding $300 and not
15     exceeding $10,000 in value, is a Class 2 felony if the
16     theft was committed in a school or place of worship or if
17     the theft was of governmental property or property owned by
18     a place of worship.
19         (5) Theft of property exceeding $10,000 and not
20     exceeding $100,000 in value is a Class 2 felony.
21         (5.1) Theft of property exceeding $10,000 and not
22     exceeding $100,000 in value is a Class 1 felony if the
23     theft was committed in a school or place of worship or if
24     the theft was of governmental property or property owned by
25     a place of worship.
26         (6) Theft of property exceeding $100,000 and not

 

 

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1     exceeding $500,000 in value is a Class 1 felony.
2         (6.1) Theft of property exceeding $100,000 in value is
3     a Class X felony if the theft was committed in a school or
4     place of worship or if the theft was of governmental
5     property or property owned by a place of worship.
6         (6.2) Theft of property exceeding $500,000 in value is
7     a Class 1 non-probationable felony.
8         (7) Theft by deception, as described by paragraph (2)
9     of subsection (a) of this Section, in which the offender
10     obtained money or property valued at $5,000 or more from a
11     victim 60 years of age or older is a Class 2 felony.
12     (c) When a charge of theft of property exceeding a
13 specified value is brought, the value of the property involved
14 is an element of the offense to be resolved by the trier of
15 fact as either exceeding or not exceeding the specified value.
16 (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
 
17     (720 ILCS 5/16G-15)
18     Sec. 16G-15. Identity theft.
19     (a) A person commits the offense of identity theft when he
20 or she knowingly:
21         (1) uses any personal identifying information or
22     personal identification document of another person,
23     regardless of whether the person is an actual individual or
24     fictitious, to fraudulently obtain credit, money, goods,
25     services, or other property, or

 

 

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1         (2) uses any personal identification information or
2     personal identification document of another, regardless of
3     whether the person is an actual individual or fictitious,
4     with intent to commit any felony theft or other felony
5     violation of State law not set forth in paragraph (1) of
6     this subsection (a), or
7         (3) obtains, records, possesses, sells, transfers,
8     purchases, or manufactures any personal identification
9     information or personal identification document of
10     another, regardless of whether the person is an actual
11     individual or fictitious, with intent to commit or to aid
12     or abet another in committing any felony theft or other
13     felony violation of State law, or
14         (4) uses, obtains, records, possesses, sells,
15     transfers, purchases, or manufactures any personal
16     identification information or personal identification
17     document of another, regardless of whether the person is an
18     actual individual or fictitious, knowing that such
19     personal identification information or personal
20     identification documents were stolen or produced without
21     lawful authority, or
22         (5) uses, transfers, or possesses document-making
23     implements to produce false identification or false
24     documents with knowledge that they will be used by the
25     person or another to commit any felony theft or other
26     felony violation of State law, or

 

 

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1         (6) uses any personal identification information or
2     personal identification document of another, regardless of
3     whether the person is an actual individual or fictitious,
4     to portray himself or herself as that person, or otherwise,
5     for the purpose of gaining access to any personal
6     identification information or personal identification
7     document of that person, without the prior express
8     permission of that person, or
9         (7) uses any personal identification information or
10     personal identification document of another, regardless of
11     whether the person is an actual individual or fictitious,
12     for the purpose of gaining access to any record of the
13     actions taken, communications made or received, or other
14     activities or transactions of that person, without the
15     prior express permission of that person.
16     (b) Knowledge shall be determined by an evaluation of all
17 circumstances surrounding the use of the other person's
18 identifying information or document.
19     (c) When a charge of identity theft of credit, money,
20 goods, services, or other property exceeding a specified value
21 is brought the value of the credit, money, goods, services, or
22 other property is an element of the offense to be resolved by
23 the trier of fact as either exceeding or not exceeding the
24 specified value.
25     (d) Sentence.
26         (1) A person convicted of identity theft in violation

 

 

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1     of paragraph (1) of subsection (a) shall be sentenced as
2     follows:
3             (A) identity theft of credit, money, goods,
4         services, or other property not exceeding $300 in value
5         is a Class 4 felony. A person who has been previously
6         convicted of identity theft of less than $300 who is
7         convicted of a second or subsequent offense of identity
8         theft of less than $300 is guilty of a Class 3 felony.
9         A person who has been convicted of identity theft of
10         less than $300 who has been previously convicted of any
11         type of theft, robbery, armed robbery, burglary,
12         residential burglary, possession of burglary tools,
13         home invasion, home repair fraud, aggravated home
14         repair fraud, or financial exploitation of an elderly
15         or disabled person is guilty of a Class 3 felony. When
16         a person has any such prior conviction, the information
17         or indictment charging that person shall state the
18         prior conviction so as to give notice of the State's
19         intention to treat the charge as a Class 3 felony. The
20         fact of the prior conviction is not an element of the
21         offense and may not be disclosed to the jury during
22         trial unless otherwise permitted by issues properly
23         raised during the trial.
24             (B) Identity theft of credit, money, goods,
25         services, or other property exceeding $300 and not
26         exceeding $2,000 in value is a Class 3 felony.

 

 

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1             (C) Identity theft of credit, money, goods,
2         services, or other property exceeding $2,000 and not
3         exceeding $10,000 in value is a Class 2 felony.
4             (D) Identity theft of credit, money, goods,
5         services, or other property exceeding $10,000 and not
6         exceeding $100,000 in value is a Class 1 felony.
7             (E) Identity theft of credit, money, goods,
8         services, or other property exceeding $100,000 in
9         value is a Class X felony.
10         (2) A person convicted of any offense enumerated in
11     paragraphs (2) through (7) of subsection (a) is guilty of a
12     Class 3 felony.
13         (3) A person convicted of any offense enumerated in
14     paragraphs (2) through (5) of subsection (a) a second or
15     subsequent time is guilty of a Class 2 felony.
16         (4) A person who, within a 12 month period, is found in
17     violation of any offense enumerated in paragraphs (2)
18     through (7) of subsection (a) with respect to the
19     identifiers of, or other information relating to, 3 or more
20     separate individuals, at the same time or consecutively, is
21     guilty of a Class 2 felony.
22         (5) A person convicted of identity theft in violation
23     of paragraph (2) of subsection (a) who uses any personal
24     identification information or personal identification
25     document of another to purchase methamphetamine
26     manufacturing material as defined in Section 10 of the

 

 

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1     Methamphetamine Control and Community Protection Act with
2     the intent to unlawfully manufacture methamphetamine is
3     guilty of a Class 2 felony for a first offense and a Class
4     1 felony for a second or subsequent offense.
5 (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05;
6 94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)